House of Commons Journal Volume 8: 25 July 1661

Jovis, 25 Julii, 13° Car. Regis.

Prayers.

Foreign Wool Cards.

A BILL against importing of foreign Wool Cards, Card-wire, or Iron-wire, was this Day read the First time.

Resolved, That this Bill be read again, the Second time, at the First Meeting of the Parliament after this Recess.

Curates Allowances.

Mr. Crouch reports from the Committee to whom the Bill for competent Allowances to be made to such Curates, as shall officiate in Livings where the proper Incumbents do not reside, was committed, several Amendments to the said Bill: Which he read, with the Coherence, in his Place; and afterwards, delivered in the same, with the Bill, at the Clerk's Table.

Which said Amendments being severally twice read;

Resolved, upon the Question, That this House doth agree to the said Amendments: And that the said Bill, with the said Amendments so agreed unto, be ingrossed.

Discharging Loyalists of Interest.

A Bill for discharging the loyal Party of all Interest exceeding Three Pounds per Centum, being ingrossed, was this Day read the Third time.

Resolved, That the said Bill do pass.

Resolved, That the Title of the said Bill shall be, An Act discharging those whose Estates have been sold, sequestered, or decimated, for adhering to his Majesty, or his Royal Father, of all Interest exceeding Three Pounds per Centum.

Westminster Streets.

A Bill for Paving, Repairing, and Cleansing the Streets and Highways of Westminster, and other Parts adjacent to London, was this Day read the First time.

Resolved, That the same be now read again the Second time.

And the said Bill being accordingly read the Second time;

Resolved, That the said Bill be committed to Mr. Comptroller, Mr. Vice Chamberlain, Serjeant Charlton, Mr. Fane, Sir Bayn. Throckmorton, Sir Allen Brotherick, Sir Cha. Cornwallis, Master of the Rolls, Sir Rich. Everard, Mr. Wm. Sandis, Sir Tho. Fanshaw, Sir Hen. Newton, Sir Robert Holt, Sir John Rowse, Colonel Windham, Mr. Crouch, Sir Lanc. Lake, Sir Courtney Poole, Mr. Graham, Mr. Long, Mr. Jay, Lord Mandavill, Sir Jo. Nicholas, Sir Jo. Denham, Mr. Ashburnham, Mr. Weld, Sir Rich. Onslow, Sir Allen Apsley, Sir Antho. Irby, Sir Cha. Harbord, Sir Jo. Brampston, Sir Phill. Warwick, Lord Bruce, Sir Benja. Ayloff, Mr. Puckering, Mr. Pryn, Mr. Morgan, Mr. Phillips, Mr. Lowther, Sir Edm. Pooley, Mr. Marvill, Lord Richardson, Sir Tho. Allen, Mr. Tompson, Sir Rob. Bolles, Sir Wm. Tredenham, Mr. Coventry, Mr. Nicholas, and all the Members that serve for the Cities of London and Westminster, the Borough of Southwark, and the Counties of Middlesex and Surrey: And they are to meet this Afternoon, at Two of the Clock, in the Speaker's Chamber: And to send for Persons, Papers, and Records.

Duchy of Cornwall Leasing.

A Bill to enable the King to make Leases, Grants, and Copies of Offices, Lands, Tenements, and Hereditaments, Parcel of his Highness' Duchy of Cornwall, or annexed to the same, and for Confirmation of Leases and Grants, already made, being ingrossed, was this Day read the Third time.

Resolved, That the said Bill do pass.

Resolved, That the Title of the said Bill shall be, An Act to enable the King to make Leases, Grants, and Copies of Offices, Lands, Tenements, and Hereditaments, Parcel of his Highness' Duchy of Cornwall, or annexed to the same, and for Confirmation of Leases and Grants already made.

Lord Scudamour's Endowments.

Ordered, That the Committee to whom the Bill for the Endowment of several Churches by the Lord Viscount Scudamour, and his Son, was committed, be revived; and do sit this Afternoon in the Place before appointed.

Deane Forest.

Ordered, That it may be recommended to the Lord Treasurer to take into Consideration the Claim and Interest of Sir John Wintour to the Forest of Deane, and such as claim under him; and to take care for the Preservation of the Forest, and the Timber and Wood therein, during the Recess of the Parliament; and to hear such Proposals as shall be made by Sir Baynham Throgmorton, and others, for Increase of his Majesty's Revenue, and the Improvement of the Growth of Timber for Advantage of Shipping, and of Coppice-wood for the Iron-works: And, upon Report thereof from his Lordship, this House will take the same into Consideration at their next Meeting: And Sir Baynham Throgmorton, Sir Charles Harbord, Mr. Fane, the Lord Herbert, Sir John Holland, and Sir Charles Cornwallis, are to attend his Lordship with this Order.

Curates Allowances.

A Bill for competent Allowances to be made to such Curates as shall officiate in Livings where the proper Incumbents do not reside, being ingrossed, was this Day read the Third time.

Resolved, upon the Question, That the said Bill do pass.

Resolved, That the Title of the said Bill shall be, An Act for competent Allowances to be made to such Curates as shall officiate in Livings where the proper Incumbents do not reside.

And Sir William Tredenham is to carry up the same to the Lords for their Concurrence.

Corporations.

This House, this Day, resuming the Debate of the Bill for well-governing and regulating of Corporations, directed several Members, appointed to manage the Conference with the Lords, to withdraw, and prepare the Reasons to be insisted upon at the Conference: Who having withdrawn, and returned;

Mr. Solicitor General reported from them these several Reasons following:

The Second Amendment strikes out all the Commissioners Names, and the Powers given to remove ill Members, and restore those who are unjustly removed; to which we cannot agree; Because,

1. The whole Regulation of Corporations doth consist in placing the Government in right Hands; which, by the Bill sent up, was put in a probable Way of being effected; by this Amendment is not so much as thought of: Provision is made for nominating Mayors and Recorders; but no Care for other Members.

2. Nothing enacted by their Lordships seems to us to provide for present Safety; because, if they do not renew before June, which they may choose whether they will or no, the Government stands still as it is.

3. So total an Alteration of the Government may have an ill Influence upon the free Elections.

4. The Bill sent up established Charters, notwithstanding past Defects: These Amendments force all Corporation to renew, though their Charters be no way defective.

5. Charters made void, unless renewed; yet no Clause that they shall be renewed, if desired.

6. No Care taken that, if renewed, they shall have their old Privileges: nor for putting in good Men.

7. The Body of Amendments repugnant to the Title of the Bill, which is, A Bill for Regulation of Corporation; whereas the Amendments do either extirpate, or, at least, new create them.

8. The Reformation in the Bill sent up, but temperary; and such as we had Reason to believe would be agreeable to them, and suitable to our Trust: These Amendments would make a perpetual Change; and we have no Cause to believe it either so agreeable to the Desires of the Corporations, for which we serve, or so consonant with our Trust.

9. The Intermeddling of Justices of Peace of the Counties in Corporate Towns may occasion a Clashing of Jurisdictions, and a Disturbance of Government, to the great Interruption of Peace and Trade.

Which being twice read; and agreed unto;

Resolved, upon the Question, That the said Reasons and Instructions be entered in the Journal.

Brecknock Election.

Serjeant Charleton reports from the Committee of Privileges and Elections, touching the Difference in the Election for the County of Brecknock, between Sir Harbert Price and Sir Henry Williams, several Miscarriages therein; and the Opinion of the Committee, that the said Election was therefore void.

Resolved, upon the Question, That this House doth agree with the said Committee, That the Election was void. And

Ordered, That Mr. Speaker do issue out a Warrant to the Clerk of the Crown, to issue out a new Writ for the Election of a Knight for the County of Brecknock.

And this House debating, whether the Sheriff of Brecknock should be sent for in Custody, or summoned to appear to answer his Miscarriages;

Resolved, upon the Question, That the Debate thereof be adjourned till To-morrow Morning.

Ministers Maintenance.

Ordered, That Mr. Solicitor General, Serjeant Charleton, Mr. Thurland, Sir Robert Atkins, Sir Phillip Warwick, and Doctor Burwell, do prepare and bring in a Bill for providing a sufficient Maintenance for such Ministers as are Incumbents in any Corporation, or Market Town, where their Maintenance is defective, by imposing a Rate upon the Houses there; and for to unite Parishes that are small, where they lie contiguous.

Confirming Acts.

Ordered, That Sir Phillip Warwick do prepare and bring in a Bill To-morrow Morning, to confirm the several Acts hereafter-mentioned; viz.

The Act of Navigation;

Act for Wool and Wool Pelts;

The Act to enable the Master of the Rolls to make Leases;

The Act concerning Tobacco;

The Act against taking above 6£. per Cent. for Interest;

The Act concerning Commissioners for Sewers;

The Act concerning Process, and judicial Proceedings;

The Act for Marriages;

The Act for Soldiers to exercise Trades.

Speaker to sign Letters.

Two Letters, one to be sent to the Lord Treasurer, and another to the Judges in their Circuits, were this Day presented, and read.

Ordered, That Mr. Speaker be authorized to sign the said Letters; and to alter them, if Cause be.

Regulating the Press.

Ordered, That Mr. Solicitor General do bring in a Bill to impower his Majesty to regulate the Press, till it be otherwise provided for.

And then the House adjourned till Eight of the Clock, To-morrow Morning.

Veneris, 26 Julii, 13° Car. Regis.

Prayers.

PETER Marke Sparke, Doctor of Physick, in order to his Naturalization, this Day took the Oaths of Allegiance and Supremacy, before the Speaker, at the Clerk's Table.

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Lords agree to Conference.

A Message from the Lords, by Doctor Bennet and Sir Toby Wolrich, Two of the Masters in Chancery;

Mr. Speaker, The Lords have returned this Answer to your Message; that they have consented to a Conference; and will meet you at . . . Conference, in the Painted Chamber, at Ten of the Clock.

Confirming Acts.

A Bill for confirming several Acts made by his Majesty, with the Advice and Consent of the Lords and Commons, expressed in the Bill, was this Day read the First time.

Resolved, That the same be read again the Second time.

And the same being read again the Second time: And

Resolved, That the said Bill be ingrossed.

Publick Revenue.

Ordered, That this House will, at the First time of their Meeting after this Recess, take into Consideration the Advance of the King's Majesty's Revenue to such a Proportion as may be sufficient to support the Grandeur of his Majesty, and be suitable to his Occasions.

Regulating the Press.

A Bill to impower his Majesty to regulate the Press, was this Day read the First time.

Resolved, That the same be again read the Second time.

And the same being read again the Second time;

Resolved, upon the Question, That the same be committed to Sir Heneage Finch, Doctor Birkenhead, Mr. Pryn, Serjeant Charleton, Mr. Fane, Mr. Lowther, Mr. Crouch, Mr. Sandis, Sir Allen Apsley, Mr. Biscowen: Who are presently to withdraw into the Speaker's Chamber, in order to the perfecting of the said Bill.

Confirming Acts.

A Bill for confirming several Acts made by the King, with the Advice of the Lords and Commons in the last Assembly, expressed in the Bill, being ingrossed, was this Day read the Third time:

And a Proviso was tendered to be added to the Bill; which, upon the Question, was laid aside.

Resolved, That the said Bill do pass.

Resolved, That the Title of the said Bill be, An Act for confirming several Acts made by the King, with the Advice of the Lords and Commons in the last Assembly, expressed in the Bill, being ingrossed.

And Sir Philip Warwick is to carry up the Bill to the Lords.

Highways.

Sir John Brampston reports Amendments to the Bill for Repairing and Amending the Highways in and about Westminster: Which he read, with the Coherence, in his Place; and afterwards, delivered in the same at the Clerk's Table: Which said Amendments being severally twice read;

Resolved, That this House doth agree to the said Amendments.

Resolved, That the said Bill, with the said Amendments so agreed unto, be ingrossed.

Regulating the Press.

Sir Heneage Finch reports from the Committee to whom the Bill for impowering his Majesty to regulate the Press, was committed, several Amendments to the said Bill: Which he read, with the Coherence, in his Place; and afterwards delivered in the same, with the Bill, at the Clerk's Table: Which Amendments being severally twice read; and, in the last Amendment save one, the University of Oxford being mentioned before Cambridge;

The Question being put, That the Clause shall stand as it was brought in by the Committee, to be added in the Fifteenth Line in the Third Page of the Bill;

Whereupon the House was divided: And

The Yeas went forth.

And so it passed in the Affirmative.

And the Question being put, That the Bill, with the said Amendments, be ingrossed;

Resolved, in the Affirmative, That the same be ingrossed.

Conference with Lords.

A Message from the Lords, by Sir Thomas Estcourt and Sir Toby Wolrich, Two of the Masters in Chancery;

Mr. Speaker, The Lords desire a present Conference in the Painted Chamber, upon the Subject Matter of the last Message, touching the Bill for regulating Corporations.

And the said Messengers being withdrawn, it was

Resolved, upon the Question, That this House doth agree to the said Conference.

And the Messengers being again called in, Mr. Speaker acquainted them, That the House had agreed to a present Conference in the Painted Chamber.

Sir Heneage Finch reports from the Lords, That the Lord Treasurer did manage the Conference, and gave Thanks for the Care and fair Carriage of the House in this Business upon the Bill for regulating Corporations: And the Lords did not differ in the Substance of the Matter intended: And that, since both Houses did agree in the Ends, it was probable, they should not, in the Conclusion, differ in the Means: But the Business being serious, and the Houses growing thinner and thinner, they thought fit to adjourn the Debate of it till the next Meeting of the Parliament after this Recess.

Resolved, That this House doth agree with the Lords, that the Matter of the Debate touching the Bill for wellgoverning and regulating of Corporations, should be adjourned till the next Meeting of the Parliament after this Recess.

Privilege.

Ordered, That John Billingsly, who was brought up in Custody upon Complaint of Sir William Doyley, and hath given him Satisfaction touching the Matter complained of, be discharged, paying his Fees.

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